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p. 912Malcolm Ross Matheson, as Substituted Trustee, etc., of Richard J. Stainton, Deceased, Respondent, v. Ottilie E. Mente and Others, Defendants, Impleaded with Title Insurance Company of New York and Others, Appellants.
Inasmuch as George P. Stainton, the younger, was not a party to this action, the judgment as entered at Special Term would be no legal bar against him or those claiming under him, and plaintiff would not be protected thereby by acquiescence in the same. The judgment should be modified by providing for a foreclosure and sale for the full amount due thereon, with interest and costs, and as so modified affirmed, without costs. Jenks, P. J., Burr, Thomas, Carr and Putnam, JJ., concurred.